Foreign language programs

On March 3, 2017, the USCIS Immigrant Investor Program Office (IPO) held an EB-5 Stakeholder Engagement in which several important updates to the program were provided. “Unofficial” Statistics for Fiscal Year 2017From October to December 2016, USCIS saw a surge in petition filings, likely due to an upcoming sunset in the EB-5 regional center program as well as an increase in USCIS filing fees that took effect on Dec. 23, 2016. Specifically, there were 4,395 I-526 petitions filed; 184 I-924 applications filed; and 752 I-829 petitions filed. During this time, USCIS adjudicated 3,583 I-526 petitions (a 120 percent increase), 88 I-924 applications and 112 I-829 petitions. IPO noted that they are currently receiving petitions and applications at a rate faster than they can adjudicate, but hope that this will change with increased hiring and improved efficiency of processes. Processing TimesUSCIS is authorized to hire up to 247 employees over the fiscal year 2017, which will … [Read more...] about Recap of March 3, 2017 EB-5 Immigrant Investor Program Stakeholder Engagement

Traditionally, a significant portion of U.S. temporary visas issued to foreign nationals are granted to students in the F-1 category. While there is no evidence of new categorical restrictions on F-1 student visa issuance, anxiety about U.S. immigration restriction is impacting this community. Below are several tips for maximizing the probability of obtaining an F-1 visa.F-1 visas are sponsored by designated U.S. schools for degree and non-degree studies at the primary, secondary, and university level. To gain F-1 sponsorship from a qualifying school, a foreign national must satisfy admission, tuition, and other requirements. After satisfying these requirements, an admitted or continuing foreign student receives sponsorship documents from the school (Form I-20) and seeks an F-1 visa at a U.S. consulate abroad. Successful F-1 visa applicants must convincingly demonstrate ties to their home country.An F-1 visa requires the applicant to have a residence in a foreign country which s/he has … [Read more...] about Will the U.S. Reject Foreign Nationals’ Student Visa Applications?

Section 1557 of the Affordable Care Act (“ACA”) establishes a broad prohibition on discrimination on the basis of race, color, national origin, sex, age or disability in health programs and activities. After almost 3 years of rulemaking activity, the Department of Health and Human Services(“HHS”) Office for Civil Rights (“OCR”) issued its final rule implementing Section 1557 of the ACA (the “Final Rule”), which will be codified in 45 C.F.R. Part 92. Essentially, the Final Rule prohibits insurers and health care providers from refusing to treat or insure, or otherwise discriminating against, an individual because that individual is a member of a protected class.The rule contains a number of significant provisions, but providers and issuers will want to be particularly aware of the following new or expanded requirements:Sex discrimination, including discrimination against transgender people, is prohibited; the scope of prohibited … [Read more...] about Summary: Final Rule on Nondiscrimination in Health Programs and Activities

On May 18, 2016, Health and Human Services published its final rules implementing the anti-discrimination provisions of the Affordable Care Act § 1557. This is the first of several alerts discussing aspects of the new rule: this alert focuses on those provisions requiring language assistance for persons with limited English proficiency; future alerts will cover rules related to sex discrimination and persons with disabilities. The new language assistance rules build on but extend beyond HHS's 2003 Guidance Regarding Limited English Proficient Persons, 68 F.R. 47311 ("LEP Guidance"). ApplicationThe new rules apply to any entities ("covered entities") that operate a health program or activity that receives federal financial assistance under programs operated by HHS, including but not limited to Medicaid or Medicare parts A, C and D, but excluding Medicare Part B. (45 C.F.R. § 92.2(a); 81 F.R. 31383). Among others, the rule applies to hospitals, clinics, medical practices, solo … [Read more...] about Language Assistance for Non-English Speakers: New ACA Anti-Discrimination Rules

The Department of Justice yesterday upped the ante in its efforts to encourage companies to self-report potential Foreign Corrupt Practices Act (“FCPA”) violations when it unveiled a one-year pilot program that includes carrots for companies who take the self-reporting route and sticks for those that don’t. This announcement follows the Department’s recent emphasis on prosecuting individuals in white collar cases, the addition of new resources to combat corruption that includes ten new FCPA prosecutors and three new squads of FBI agents dedicated to investigating corruption, and enhanced cooperation between U.S. law enforcement and their international counterparts. Assistant Attorney General of the Criminal Division Leslie Caldwell said that the objective of the pilot program is to provide greater transparency into the Department’s charging decisions and to provide an incentive for companies to self-disclose FCPA misconduct … [Read more...] about Criminal Division Launches New FCPA Pilot Program

The US Department of Justice has announced the creation of a one-year pilot program intended to encourage companies to self-report bribery violations and provide extensive cooperation in exchange for reduced penalties, ranging from reductions in fines to declinations.On April 5, the Fraud Section of the US Department of Justice (DOJ) issued its “Foreign Corrupt Practices Act Enforcement Plan and Guidance” (Guidance) outlining the following “three steps in [its] enhanced FCPA enforcement strategy”:The intensification of its investigative and prosecutorial efforts by substantially increasing its FCPA law enforcement resources.The strengthening of its coordination with foreign law enforcement.Its implementation of an “FCPA enforcement pilot program” to encourage voluntary disclosure, cooperation, and remediation.[1]While the first two steps have been championed in prior DOJ press releases and speeches, the third step—the creation of the FCPA … [Read more...] about DOJ Issues New FCPA Guidance and Launches Self-Reporting Pilot Program

The internal controls fostered by the SEC to safeguard against corrupt payments advocate that Foreign Subsidiaries implement policies, procedures, and training translated in the local foreign language.In December 2014, the U.S. Securities and Exchange Commission (SEC) charged a Massachusetts-based global manufacturer of scientific instruments with violating the U.S. Foreign Corrupt Practices Act (FCPA) by providing nonbusiness-related travel and improper payments to various Chinese government officials in an effort to win business.The SEC investigation found that the respondent lacked sufficient internal controls to prevent and detect approximately $230,000 in improper payments made by its China-based offices that falsely recorded the payments in books and records as legitimate business and marketing expenses. The payments enabled the respondent to realize approximately $1.7 million in profits from sales contracts with state-owned entities (SOEs) in China whose officials received the … [Read more...] about SEC Recommends “Localized” FCPA Controls For Foreign Subsidiaries

On March 10, Acting Assistant Attorney General (AAAG) Kenneth A. Blanco announced that the US Department of Justice (DOJ) plans to temporarily extend its Foreign Corrupt Practices Act (FCPA) Pilot Program, which provides “mitigation credit” for companies that voluntarily disclose FCPA misconduct, provide full cooperation, and engage in appropriate remediation. In a speech delivered to the American Bar Association National Institute on White Collar Crime, AAAG Blanco championed the Pilot Program as a way of providing “prosecutors, companies and the public [with] clear metrics for what constitutes voluntary self-disclosure, full cooperation and full remediation,” and stated that the program “will continue in full force until we reach a final decision” about its utility and efficacy. The Pilot Program, which was launched on April 5, 2016 as a “one-year” initiative, had been set to conclude next month. This extension announcement follows the … [Read more...] about DOJ Announces Extension of FCPA Pilot Program

In a June 28, 2013 news release by the Office of the United States Attorney for the Southern District of California, in San Diego, it was reported that a La Jolla, California medical oncology practice pleaded guilty and was sentenced to pay a $500,000 fine, forfeit $1.2 million in gross proceeds received from the Medicare program, and make restitution to Medicare in the amount of $1.7 million for purchasing unapproved foreign cancer drugs and billing the Medicare program as if the drugs were legitimate. Although the drugs contained the same active ingredients as drugs sold in the U.S. under the brand names Abraxane®, Alimta®, Aloxi®, Boniva®, Eloxatin®, Gemzar®, Neulasta®, Rituxan®, Taxotere®, Venofer® and Zometa®), the drugs purchased by the corporation were meant for markets outside the United States, and were not drugs approved by the FDA for use in the United States. Medicare provides reimbursement only for drugs approved … [Read more...] about U.S. Medical Oncology Practice Sentenced for Use and Medicare Billing of Cancer Drugs Intended for Foreign Markets

[JURIST] The US District Court for the District of Columbia [official website] on Wednesday granted injunctive relief [order, pdf] preventing the Department of Defense (DoD) [official website] from blocking fast-tracked citizenship applications for US Army Reserve soldiers under the Military Accessions Vital to National Interest (MAVNI) [materials] program.The MAVNI program allowed the enlistment of foreign-born soldiers if they possessed language skills or medical knowledge deemed critical by the DoD. As part of the process for fast-tracked citizenship, the applicants need a N-426 form, which certifies their qualifying military service. Due to changes in security clearances last year, there were significant delays in allowing applicants to move from Delayed Training Programs (DTP) [materials] into U.S. Army Reserve. The N-426 form was originally given to those in the DTPs in order to prevent the applicants from being discharged before their clearances were approved. However, this was … [Read more...] about Federal court prevents DoD from blocking citizenship applications for foreign-born Army Reserve soldiers